Kenya: Victory for Queer Expression as Court Rules on Banned Lesbian Film “Rafiki”

The Court of Appeal in Nairobi has ruled that Kenya’s outright ban on the acclaimed lesbian love story Rafiki was disproportionate and unjustified.

While the court stopped short of fully lifting the ban, Justices W Karanja, J Tuiyott and L Achode found that the authorities should have classified the film rather than banning it outright.

A Ground-breaking Kenyan Film

Released in 2018, Rafiki was written and directed by Wanuri Kahiu and is based on the award-winning short story Jambula Tree by Monica Arac de Nyeko.

The film is a coming-of-age story about two Kenyan girls who fall in love, defying social expectations and traditional norms. It made history as the first Kenyan film to premiere in the Un Certain Regard section at the Cannes Film Festival and went on to screen internationally, winning several awards.

Film Banned for “Promoting Lesbianism”

In April 2018, the Kenya Film Classification Board (KFCB) banned Rafiki, citing its “clear intent to promote lesbianism in Kenya…”.

The filmmakers challenged the decision in court and secured a temporary one-week suspension of the ban. During that period, packed cinemas across the country broke Kenyan box office records.

However, in 2020, the High Court ruled against the producers, finding that they had failed to prove that the ban infringed on freedom of expression. The court argued that such rights may be limited in order to protect society and morality.

Appeal Court Overturns Key Findings

In a ruling dated 23 January 2026, the Court of Appeal partially overturned the High Court’s decision.

The justices concluded “that outrightly banning a film that only depicts homosexual lifestyle without promoting or glamorizing it is a disproportionate limitation to the right of freedom of expression.”

They added that simply depicting same-sex relationships did not justify a ban and that the KFCB should instead have classified the film as “adults only”.

The court urged director Wanuri Kahiu to appeal the KFCB’s original 2018 decision under the Film and Stage Plays Act within 30 days.

The justices also struck down provisions in the Act that allow the KFCB to physically retain sections of a film and permit police to forcibly stop screenings, unless there is an immediate danger to public safety or cruelty to animals.

LGBTQ+ Group Welcomes the Ruling

Kenyan LGBTQ+ rights group Galck+ welcomed the Court of Appeal’s decision.

“Queer stories can now reach audiences legally across Kenya,” the organisation said in a statement.

“This ruling encourages diverse, bold, and authentic filmmaking. It demonstrates the power of courageous art combined with legal action. It marks a bright step forward for freedom, creativity, and LGBTQ+ visibility,” Galck+ added.

Same-sex intimacy remains criminalised in Kenya under colonial-era laws. Under these provisions, consensual same-sex acts carry penalties of up to 14 years in prison.